与贸易有关的知识产权协定(中英文)

         The provisions of this Section shall in no way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name is used in such a manner as to mislead the public.

 

9.         There shall be no obligation under this Agreement to protect geographical indications which are not or cease to be protected in their country of origin, or which have fallen into disuse in that country.

 

 

SECTION 4:  INDUSTRIAL DESIGNS

 

 

Article 25

 

Requirements for Protection

 

1.         Members shall provide for the protection of independently created industrial designs that are new or original.  Members may provide that designs are not new or original if they do not significantly differ from known designs or combinations of known design features.  Members may provide that such protection shall not extend to designs dictated essentially by technical or functional considerations.

 

2.         Each Member shall ensure that requirements for securing protection for textile designs, in particular in regard to any cost, examination or publication, do not unreasonably impair the opportunity to seek and obtain such protection.  Members shall be free to meet this obligation through industrial design law or through copyright law.

 

 

Article 26

 

Protection

 

1.         The owner of a protected industrial design shall have the right to prevent third parties not having the owner’s consent from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

 

2.         Members may provide limited exceptions to the protection of industrial designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected industrial designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties.

 

3.         The duration of protection available shall amount to at least 10 years.

 

 

SECTION 5:  PATENTS

 

 

Article 27

 

Patentable Subject Matter

 

1.         Subject to the provisions of paragraphs 2 and 3, patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.[5]  Subject to paragraph 4 of Article 65, paragraph 8 of Article 70 and paragraph 3 of this Article, patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced.

 

2.         Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.

 

3.         Members may also exclude from patentability:

 

(a)        diagnostic, therapeutic and surgical methods for the treatment of humans or animals;

 

(b)        plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes.  However,  Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.  The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement.

 

 

Article 28

 

Rights Conferred

 

1.